What is the test for contribution under s. 7(1) of the Child Support Guidelines?
British Columbia, Canada
The following excerpt is from McCaffrey v. Paleolog, 2008 BCSC 178 (CanLII):
In Yensen v. Yensen, 2003 BCSC 1372, Mr. Justice Goepel dealt with this issue. After first determining that the expense is reasonable, his Lordship went on to discuss the onus. At para. 8 he stated: The onus lies on the applicant to establish that the expense is necessary in relation to the child’s best interest and reasonable having regard to the means of the spouses. The party seeking contribution for a s. 7 expense must provide sufficient details to satisfy the court that the expense meets the qualifying criteria applicable to the specific category of expense claimed, as well as the qualifying criteria found in the opening words of s. 7(1).
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